How Is Pain and Suffering Calculated in Personal Injury Cases?

Pain and suffering is an often misunderstood element of your personal injury damages. The misunderstanding comes from the fact that the average person does not know how much they can get from pain and suffering. You can bet that the insurance company knows how much you should get, and they are trying to avoid paying it to you.

To get the money you deserve, you need to understand how pain and suffering damages are calculated. There are two possible methods that an insurance company uses, both of which may end up taking the subjectivity out of what should be an inherently subjective valuation.

The Multiplier Method

For longer-term injuries, the insurance company will use the multiplier method. They will start with your economic damages, primarily your medical bills.

Then, based on the severity of your injury, they will assign a multiplier to your medical bills to be a shorthand for pain and suffering. If you have suffered a broken bone or fracture, there may be a multiplier around one.

However, if you suffered something more serious, such as a spinal cord or traumatic brain injury, the multiplier could rise to five or more. Still, the multiplier method overlooks your own personal and individual facts.

You could be struggling with your injuries more than most because of factors that are unique to you that are not captured in an “objective number.

Per Diem Method

If you are dealing with a shorter-term injury, the insurance company may use a per diem method that compensates you for each day of pain and suffering until you reach the point of recovery. Again, this measurement does not take your own situation into account. For example, you could have had a worse emotional reaction to your accident than most people.

An experienced personal injury lawyer would stand up for you, making sure that your voice is heard and your situation is considered in determining your personal injury compensation.

Contact a Southern Illinois Personal Injury Lawyer

The attorneys at Walton Telken get to know you and your situation before coming up with our own idea of what your case is worth. We understand that each client is a person with their own life situation and story.

To discuss your case, you can contact us online or call us today at [phone] The initial consultation is free.

Personal Injury FAQs

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What if the insurance company will not offer me enough money?

You can take your case to court, and a jury will award you damages if they find that someone else was liable for your injuries.

How much will a personal injury cost me?

Nothing unless you win your case. We will not ask you for money upfront or during your case.

What if the insurance company is pressuring me to sign an agreement?

Always have your lawyer review and negotiate a settlement agreement on your behalf, or you could lose out on the money that you need.

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